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Abstract

Extract - The implication that litigation funding is a ‘dirty business’ that soils the courts and the legal process has been rejected by the High Court in Campbells Cash & Carry Pty Ltd v Fostif Pty Ltd,1 a decision which determined that the involvement in proceedings of a litigation financier, whose main purpose was to profit from its investment in a set of aggregated legal claims, did not of itself warrant a stay for abuse of process. In reaching its decision the High Court was focused upon the threat that litigation funding posed to the integrity of the justice system, rather than the effect of litigation funding upon the relationship between legal practitioners and their clients. The purpose of this article therefore is to consider in more detail how the tripartite relationship between legal practitioner, litigation financier and client might be managed to ensure that client interests are adequately protected in funded proceedings.

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